The parents of a grade three student who suffered brain injuries after his lanyard became tangled in a bathroom cubicle have launched legal action against the school district.

The incident took place in December 2012 at Bearspaw School and sparked a provincewide ban on the cords — used as hallway and washroom passes — in schools across Alberta.

Grant and Kamila Kitzul are seeking more than $15 million dollars on behalf of their son Nicholas, a former student at Bearspaw School, as well as additional damages relating to loss of income while they care for him.

According to the family, Nicholas is totally disabled, unable to communicate and requires constant medical care following his near strangulation. “It’s a tragic case. Catastrophic,” said Calgary lawyer Edward Pipella, who represents the Kitzuls.

“And it seems — based on the facts — that his condition could have been prevented.”

The lawsuit names the Rocky View Schools division, the Alberta Teachers’ Association and Morgex Insurance as well as Bearspaw School’s principal and Nicholas’ grade three teacher.

Statements of defence have not been filed. The lawsuit’s claims have yet to be proven in court.

According to the statement of claim, Nicholas Kitzul signed out of his classroom shortly before noon to use a nearby washroom, wearing a “non-breakaway” lanyard given to him by the school.

A few minutes later, another student discovered the eight-year-old boy hanging by his lanyard, which had become caught on the bathroom door.

Rocky View Schools superintendent Greg Bass has credited the efforts of quick-thinking school staff in providing emergency aid to Nicholas, who was rushed to the Alberta Children’s Hospital from the school and placed in intensive care.

But the lawsuit paints a different picture. Among the allegations, it argues the school division failed to provide an adequate emergency response or offer up-to-date first aid training to staff. It also did not provide students with “breakaway” lanyards, which contain a clasp that comes apart when pulled.

The statement of claim also said his teacher did not provide CPR, give mouth-to-mouth resuscitation or call for immediate assistance.

The Rocky View Schools division and the Alberta Teachers’ Association declined to comment on the lawsuit.

According to the claim, Nicholas suffered a severe anoxic brain injury when his lanyard became caught and was hospitalized for 132 days.

He now requires a wheelchair, diapers, and is fed through a tube. He has significant memory loss and is in need of extensive speech and occupational therapy.

“Nicholas Kitzul will likely be unable to lead a normal life or earn a livelihood and may be totally dependent upon others for his subsistence, care and maintenance for the remainder of his life,” said the claim.

“(He) will not be able to engage in many of the aspects that comprise a normal, youthful and happy life.”

Pipella said the family is devastated by the incident, which has taken a toll financially and emotionally. “It’s horrible for his parents. Can you imagine? He goes to school and they take him to the Children’s Hospital on a stretcher,” he said.

“Most of all they need financial help. We don’t know what his condition will be in the long term.”